Women must be allowed inside Haji Ali dargah’s inner sanctum, rules Bombay high court

Bombay high court has ruled that women have the right to enter the inner sanctum of the famous Haji Ali dargah in Mumbai.

The HC bench has given its ruling on a PIL that asked for the removal of restrictions on women inside the inner sanctum of the Dargah, which houses the mazaar or tomb of the saint. The Haji Ali Dargah Trust had banned women from going in the inner sanctum somewhere between March and June 2012.

The bench, however, has said that this ban breaches Articles 14 (Right to Life), 15 (Prohibition of discrimination) and 25 (Right to practice religion) of the Indian Constitution of India, thus directing the status quo ante to be restored, allowing women as much rights as men. The court added that the state and the dargah trust should take appropriate steps to ensure women safety.

However, the trust has defended the ban saying that entry of women in close proximity to the tomb of a male saint is considered to be a sin in the religion of Islam. Shoaib Memon, advocate of the trust, argued that as per Article 26 of the Constitution of India, the trust has the fundamental right to manage its own affairs in matters of religion, and any third agency interfering in this matter is uncalled for. Memon also said that women are given a secure place to offer their prayers in the dargah.

Haji Rafat, MIM of the Haji Ali Dargah, told TNN that the HC should have kept away from this issue, and now the trust will be approaching the Supreme Court.

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